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H1 to H4&H4EAD coversion

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  • H1 to H4&H4EAD coversion

    Need Help!

    1) During H1B visa transfer of jobs, If I get RFE (after 60days of my previous job termination), Can I still file H4 & H4EAD COS ?
    2)Can I file for H4 & H4EAD COS, and also look for H1B visa transfer jobs (during my 60 days grace period)and once I get H1B approved (premium) can I withdraw my H4 petition?

    Background of my situation:
    Currently, I am on a H1B work visa (Valid I-94 till Aug 21 2021), Last day of my employment July 31st 2020 (1st day of 60 days timeline starts Aug 1st 2020).My Spouse H1B visa&I-94 is valid till Dec 2021 & I-140 approved in 2016, also my I-140 approved in 2016.

  • #2
    Hi,
    1) During H1B visa transfer of jobs, If I get RFE (after 60days of my previous job termination), Can I still file H4 & H4EAD COS ?
    Answer: Yes. You can file. But, you need to have also I-94 validity during that time.
    2)Can I file for H4 & H4EAD COS, and also look for H1B visa transfer jobs (during my 60 days grace period)and once I get H1B approved (premium) can I withdraw my H4 petition?
    Answer: Yes. You can withdraw, once you get H1B Approval again.
    Thanks

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